An Overview of Alabama Drug Charges

The Alabama Criminal Code contains numerous Alabama drug charges ranging from simple possession of marijuana to more serious offenses such as distribution of drugs or drug trafficking. Punishment and sentences for drug crimes are harsh and may be more severe than what is warranted. Because of the link between drug use and other criminal acts, law enforcement aggressively investigates and prosecutes drug charges.

Chase Dearman of the Dearman Law Firm has aggressively represented countless clients facing drug charges. Often he has been able to resolve serious drug charges with deferred prosecution programs, drug court, or alternative sentencing. If you or a loved one is facing Alabama drug charges please contact criminal defense attorney Chase Dearman for a appointment to discuss the case.

Alabama Drug Possession Offenses

Possession of Marijuana Second Degree is the possession of marijuana for personal use, regardless of the amount. Marijuana possession second degree is a Class A misdemeanor. Possession of Marijuana in the First Degree is charged where the possession is for other than personal use, or where the person charged has a prior second degree marijuana possession. First degree possession of marijuana is a Class C felony. Alabama Code § 13A-12-213 and 214.

Alabama Possession of Controlled Substance Offenses

Possession of any other controlled substance is a Class C felony in Alabama. Possession of a controlled substance includes, but is not limited to possession of heroin, cocaine, crack cocaine, methamphetamine, LSD, and ecstasy. A complete list of controlled substances are contained in the Alabama Code at § 20-2-20 through 20-2-31. Alabama drug charges also include the possession of prescription drugs such as Lortab, Xanax, and Klonopin where the person does not have a valid prescription. In addition, it is unlawful to obtain a controlled substance by fraud, deceit or misrepresentation. Alabama Code § 13A-12-210 et seq.

Unlawful Manufacturing of Controlled Substance in Alabama

The Alabama Criminal Code also contains Alabama drug charges for the unlawful manufacturing of a controlled substance. The statute criminalizes the actual manufacturing of the controlled substance and also makes it illegal to possess “precursor substances” with intent to manufacture a controlled substance out of the precursor substances. An example of a precursor substance would be sinus medication containing Ephedrine or Pseudo-ephedrine. Theses substances are used in the manufacture of methamphetamine.

Drug Distribution Charges in Alabama

It is illegal in Alabama to sell, furnish, give away, deliver, or distribute a controlled substance. All of the actions mentioned are classified as “distribution” for purposes of Alabama drug charges. An exchange of money or something of value does not have to occur. It is enough that a person transacts the controlled substance in any way. Alabama Code § 13A-12-211. Unlawful distribution of a controlled substance is a Class B felony in Alabama.

Possession of Drug Paraphernalia in Alabama

Alabama drug charges can result where a person is in possession of any equipment, material, or product that is used for making, growing, using, or otherwise producing a controlled substance, including marijuana. Alabama Code § 13A-12-260 contains a long list of items that can be considered drug paraphernalia under the right circumstances. Included in this list are such items as hypodermic syringes, scales, water pipes, bongs, and roach clips. Possession of Drug Paraphernalia is a Class A misdemeanor. Additionally, it is a Class B felony for any person 18 or over to to deliver or give anyone who is under 18 and at least three years younger any item of drug paraphernalia.

DISCLAIMER

The Alabama State Bar requires the following statement: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

Latest News from Dearman Law

Attorney Chase Dearman was recently published by the Alabama Appleseed Center for Law & Justice in the following articles regarding Civil Forfeiture: SPLC, Alabama Appleseed release new report documenting widespread and unjust use of civil asset forfeiture in Alabama Courts in 14 Alabama counties awarded $2.2 million to law enforcement agencies through civil asset forfeiture […]